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New ESA claim..

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10 years 1 month ago - 10 years 1 month ago #118774 by Interuppted
New ESA claim.. was created by Interuppted
Hi,

I'd be really grateful if you could help me understand a couple of things..

1. I've read about the 24 hour rule. My partner is self employed working 30 hrs a week. Outside of that he is my carer. Helps me shower, get in and out of bed, cooks etc. He earns pittance because of having to be around for me. 9000 pa roughly. Do I really not qualify for income related ESA?

2. I was medically retired last July. I have MS. What does the fit note from my GP have to say? That in her opinion I can't work?

Thank you very much.
Last edit: 10 years 1 month ago by slugsta.

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10 years 1 month ago #118776 by slugsta
Replied by slugsta on topic New ESA claim..
Hi i,

I'm afraid that you are not eligible to claim income-related ESA due to your partner's work. You would only be eligible for ESA if you could satisfy the NI contribution criteria (via employment). If you were able to claim, the GP would have to certify you unfit for work and state the reason/s.

Are you claiming DLA/PIP? This is not dependant on NI contributions or income etc. Your partner might be entitled to working tax credits, have you looked into this?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 1 month ago - 10 years 1 month ago #118792 by Interuppted
Replied by Interuppted on topic New ESA claim..
Hi Mrs HB, thanks for your reply.

Yes, I get HR DLA for mobility and care, we also get tax credits.

When I was retired from my job as a midwife I got small lump sum but we are coming to the end of it now and my pension is miniscule compared to my wages when I got them so need to look at what else there may be.

I can't believe I haven't paid enough in NI contributions as have worked solidly all my life bar the 3 years at uni.

So frustrating...

A few more questions if you don't mind..

Is it better to apply by phone or fill in a form? When do I fill in the ESA 50? Do they send me that after the initial application?

Thank you..
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #118799 by Gordon
Replied by Gordon on topic New ESA claim..
Interuppted

For ESA(CB), the current Tax Years that are being used to decide eligibility are 2011-12 and 2012-13.

You can do either with regard the form (ESA1), but it is usually quicker to make a claim over the phone. The ESA50 is usually issued about 4-5 weeks into the claim.

Gordon

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